Delhi

North West

CC/412/2015

MR. R.P. PANDA - Complainant(s)

Versus

GO AIR TERMINAL - Opp.Party(s)

15 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

       CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 412/2015

D.No.____________________               Dated: _________________

         

IN THE MATTER OF:

 

 

SH. R.P. PANDA S/o LATE Sh. NARASINGH PANDA,

R/o C-17, SECTOR-19,

ROURKELA, ODISHA-769005. … COMPLAINANT

 

 

Versus

 

GO AIRLINES (INDIA) PVT. LTD.,

GO AIR TERMINAL 1D,

IGIA AIRPORT, PALAM,

NEW DELHI-110037.                                                 … OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER   

                                                                     

Date of Institution: 09.04.2015              Date of decision: 15.11.2017

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant availed the services of OP when the complainant undertook to travel on 10.11.2014 by flight no. G8-163 operated by OP from New Delhi to Bhuvneshwar at 16:45 hours and prior to the date of travel the complainant had requested OP for a

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          wheel chair assistance till the cabin seat since the complainant had recently undergone a major heart surgery and as the complainant was strictly advised by the doctors not to climb any stair as a vital precautionary measure. The complainant further alleged that the request of the complainant was accepted and duly confirmed and informed by OP that considering ill-health of the complainant, the wheelchair assistance would be made readily available to the complainant at the airport and on the date of journey, the complainant reached the airport and as a procedural requirement to be fulfilled in order to avail the wheelchair assistance by OP, the complainant furnished his medical reports and the discharge summary at the Go Air counter of the Indira Gandhi International Airport, New Delhi. The complainant further alleged that the concerned officials of OP at GO Air counter at the Airport were specially informed about the health issues faced by the complainant and the medical file of the complainant was duly inspected by them and to the shock and dismay of the complainant and which also had a bearing on the medical condition of the complainant, the wheel chair assistance provided by OP was unsatisfactory and did not meet the required standards as provided by the Directorate General of Civil Aviation (DGCA) in Civil Aviation Requirements Section 3-Air Transport Series ‘M’ part I issue III dated 28.02.2014.

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          The complainant further alleged that there was no slider for the wheel chair passengers to be moved into the bus which carries the passengers to the aircraft and the complainant was informed by the concerned staff of the OP that due to shortage of manpower the wheelchair assistant would not be able to assist the complainant in climbing up the aircraft and the complainant continuously explained the concerned staff of OP near the aircraft about the critical health condition of the complainant and the recent heart surgery but all the requests made by the complainant went in vain and were left completely unheard and the cries of the complainant were paid no heed. The complainant further alleged that no slope for moving the wheelchair was made available by the OP for the assistance of the passengers with reduced mobility as is the statutory requirement and the general practice in the industry for the assistance of the disabled passengers and the complainant aggrieved by the deficiency in service on the part of OP apart from writing a feedback e-mail to the concerned department of OP also wrote an e-mail dated 21.11.2014 to OP and the office of the Nodal Officer, complaining about the same and sought a swift response in furtherance of the same. The complainant further alleged that the customary reply dated 21.11.2014 from the customer executive in response to the feedback e-mail dated 21.11.2014 of the

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          complainant assuring a response, no response was received neither from OP nor the Nodal Officer of OP and as promised vide the e-mail dated 21.11.2014, the complaint of the complainant was still not looked into and even after considerable lapse of time no response was received from OP with regard to the grievance of the complainant. The complainant further alleged that the complainant was constrained to issue legal notice dated 19.12.2014 to OP through his counsel but till date OP has chosen to ignore the legal notice and has not replied to the same and thus the OP is guilty for deficiency in service.

2.       On these allegations the complainant has filed the complaint against the OP praying for direction to OP to pay an amount of Rs.3,00,000/- as compensation towards the mental agony, trauma and harassment and has also sought an amount of Rs.25,000/- towards cost of litigation.

3.       Notices to OP were issued through speed post for appearance on 20.05.2015, 05.01.2016, 06.03.2017 & 26.04.2017. Counsel for complainant filed an affidavit for service of notice for appearance on 20.05.2015 and stated that dasti notice & copy of the complaint has been served to OPon 30.04.2015 and filedduplicate of notice which is duly stamped and signed by an official of OP. Further notice to OP was served on 29.03.2017 as per track report. But none for the

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          OP appeared and as such OP has been proceeded ex-parte.

4.       In order to prove his case the complainant filed his affidavit in evidence and has also filed written arguments. The complainant has placed on record copy of Boarding Pass, copy of E-ticket, copy of e-mail communication dated 21.11.2014 written by the complainant to OP and copy of e-mail reply dated 21.11.2014 written by OP to the complainant and copy of legal notice dated 19.12.2014 sent by the complainant to the OP through his counsel by the speed post alongwith postal receipts.The complainant has also filed copy of relevant clauses of the DGCA Civil Aviation Requirements, Section-3 -AIR Transport, Series ‘M’ Part-I, Issue-III dated 28.02.2014.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record.The testimony of the complainant has not remained consistent and cannot be believed. In the complaint as well as in his affidavit as well as in his e-mail communication dated 21.11.2014, the complainant has stated that he had explained his medical condition of being undergone heart surgery on 18.10.2014 and had requested for wheelchair assistance which was confirmed to the complainant by the OP. But strangely the complainant has failed to prove any such document on record. No document showing confirmation by the OP of providing wheelchair assistance has been placed on record. Moreover, on the

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          boarding pass issued to the complainant no such confirmation by the OP is mentioned. Furthermore, the complainant has not filed the Air Ticket of the journey on 10.11.2014, though the complainant has placed on record copy of E-Ticket for performing journey from Delhi to Bhuvneshwar on 23.01.2015. It shows that the complainant has not requested the OP in advance or at the time of booking of Air-Ticket for providing wheelchair assistance on the date of boarding of the flight, as per clause 4.1.1 of the Civil Aviation Requirements.

6.       As per clause 4.1.5 of the Civil Aviation Requirements issued by the office of DGCA copy of which has been filed by the complainant, the complainant/persons with disability or reduced mobility was required to request the Air Line atleast 48 hours before the scheduled time of departure. For the sake of convenience the said clause is reproduced here as under:

                  4.1.5              “It shall be the responsibility of the persons with disability or reduced mobility to notify their needs atleast 48 hours before the scheduled time of departure so that the Air Line makes necessary arrangements.”

 

7.  Thus for claiming the facility of wheelchair assistance, it was incumbent upon the complainant to request to the OP of his such requirement at the time of boarding of the flight. As already observed the complainant has not filed/placed on record copy of

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          Air-Ticket for the journey performed on 10.11.2014 and has not placed on record any document to show that such request was made to OP atleast 48 hours before the scheduled time of departure. The complainant cannot derive any benefit by stating that medical record was produced and request of Special Assistance of wheelchair was made at the counter.

8.       Thus, we are of opinion that there is no merits in the complaint and it cannot be said that there is any deficiency in service on the part of OP. Complaint is accordingly dismissed being devoid of merits.

9.      Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 15^thday of November, 2017.

 

 

 

 

BARIQ AHMED                         USHA KHANNA     M.K. GUPTA

  (MEMBER)           (MEMBER)          (PRESIDENT)

 

 

 

 

 

 

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